Sayna Begum Barbhuiya vs The State Of Assam
2025 Latest Caselaw 5719 Gua

Gauhati High Court

Sayna Begum Barbhuiya vs The State Of Assam on 25 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                        Page No.# 1/3

GAHC010102842025




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                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./235/2025

            SAYNA BEGUM BARBHUIYA
            W/O MD. FARIZ UDDIN BARBHUIYA, R/O VILL.- UTTAR KANCHANPUR,
            P.O.- JANAKIBAZAR, P.S.- PANCHGRAM, DIST.- HAILAKANDI, ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE P.P., ASSAM



Advocate for the Petitioner   : MR. A K HANNAN, MR. M J QUADIR

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date :25.06.2025

Heard Mr. M.J. Quadir, learned counsel for the revision petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent, State of Assam.

2. This criminal revision petition under Section 438 read with Section 442 of Page No.# 2/3

the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment dated 15.11.2019 passed by the Court of learned Chief Judicial Magistrate, Hailakandi ['the Trial Court', for short] in G.R. Case no. 821/2016 and a Judgment dated 20.03.2021 passed by the Court of learned Additional Sessions Judge, Hailakandi ['the Appellate Court', for short] in Criminal Appeal no. 66/2019. By the Judgment dated 15.11.2019, the learned Trial Court convicted the revision petitioner for the offences under Section 448, Indian Penal Code [IPC] and Section 323, IPC and the revision petitioner has been sentenced to undergo simple imprisonment for one month and to pay a fine of Rs. 1,000/-, with default stipulation, under Section 448, IPC. For the offence under Section 323, IPC, the revision petitioner has been sentenced to undergo simple imprisonment for one month and to pay a fine of Rs. 1,000/-, with default stipulation. The Appellate Court has confirmed the conviction and sentence by the Judgment dated 20.03.2021.

3. Mr. Quadir, learned counsel for the revision petitioner has submitted that though the revision petitioner has been convicted under Section 323, IPC for causing hurt, the alleged victim was never been examined by a doctor, meaning thereby, there is no medical evidence to support the charge of Section 323, IPC.

4. The matter would require consideration.

5. The criminal revision petition is admitted for hearing.

6. Issue notice, returnable in 4 [four] weeks.

7. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the State respondent, issuance of formal notice to the respondent is dispensed with. However, an extra copy of the petition along Page No.# 3/3

with annexures, is to be furnished to Mr. Kaushik within 3 [three] working days from today.

8. The case records from the Trial Court and the Appellate Court be requisitioned.

9. List the case after 4 [four] weeks.

JUDGE

Comparing Assistant